Calcutta High Court
Mrs Sunita Seal And Ors vs Raikishori Seal And Ors on 18 August, 2020
Author: Debangsu Basak
Bench: Debangsu Basak
GA No.956 of 2020
With
CSOS No.2 of 2019
GA No.1006 of 2020
GA No.958 of 2020
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
MRS SUNITA SEAL AND ORS.
Versus
RAIKISHORI SEAL AND ORS.
BEFORE:
The Hon'ble JUSTICE DEBANGSU BASAK
Date : 18th August, 2020.
Appearance:
Mr. Surajit Nath Mitra, Sr. Adv.
Mr. Abhijit Ray, Adv.
Ms. Somali Mukhopadhyay, Adv.
Mr. Swatarup Banerjee, Adv.
Mr. Anirban Ghosh, Adv.
Mr. Aniruddha Mitra, Adv.
The Court : In an originating summons suit proceeding, the plaintiffs seek interim measures.
Learned senior advocate appearing for the plaintiffs submits that Monohar Lal Seal, since deceased, dedicated various properties to his family deities by three Arpannamas and appointed himself as the first shebait. On the death of Monohar Lal Seal, the shebaitship was devolved upon three sons of Monohar Lal Seal, since deceased. During the lifetime of Monohar Lal Seal, since 2 deceased, an originating summons suit being no.227 of 1990 was filed. An order dated February 26, 1993 was passed.
Learned senior advocate appearing for the plaintiffs submits that his client is entitled to the seba pala for the period from July 1, 2020 till June 30, 2021. He submits that the defendant no.6 was doing the pala for the previous period. The defendant no.6 is not making over the pala to the plaintiffs despite request.
The defendant nos.1 and 5 are represented. Learned advocate for the defendant no.5 submits that his client has no objection to the pala being undertaken for the designated period of July 1, 2020 to June 30, 2021 by the plaintiffs.
The defendant no.4 is represented. Learned advocate for the defendant no.4 submits that his client was entitled to the pala from July 1, 2019 till June 31, 2020. The defendant no.6 did not make over the pala to the defendant no.4 despite request. He submits that the defendant no.6 took the plea of the pendency of the originating summons suit while denying such right to the defendant no.4. He draws the attention of the Court to the date of the filing of the originating summons suit, which he says was filed in 2019. He seeks an opportunity to use an affidavit in the proceeding. He submits that his client would be permitted to file written statement in the suit and an affidavit in the present application.
So far as the parties appearing before Court today are concerned, there is an unanimity that the pala for the period July 1, 2020 till June 30, 2021 should be done by the plaintiffs. The defendant no.6 is performing the pala till date. The defendant no.6 is not entitled to do so.3
In such circumstances, as an interim measure, it would be appropriate to appoint the plaintiffs as the receiver to perform the pala of the deities concerned immediately upon the defendant no.6 making over the deities to the plaintiffs.
The plaintiffs will perform such pala as a receiver of the Court till June 30, 2021 being the terminal date of the pala for the present term of the plaintiffs. The plaintiffs are at liberty to obtain police assistance to implement this order in the event defendant no.6 does not make over the deities to the plaintiffs to perform the pala. It is clarified that this order is of interim nature. It will not create any right, title, interest or equity in favour of any of the parties. The period during which the plaintiffs perform the pala in terms of this order will be construed as a performance of pala by the plaintiffs under the documents entitling the plaintiffs to perform such pala. Pala for the period subsequent to June 30, 2021 will be governed by the document laying down the distribution of the pala between the parties.
The defendants are at liberty to file a written statement to the plaint within four weeks from date. The defendants are at liberty to file affidavit-in- opposition to the application within two weeks from date; reply thereto, if any, within one week thereafter.
List the application before the appropriate Court four weeks hence.
(DEBANGSU BASAK, J.) bp.